‘Open’ or shut case: NYC hit with federal ADA lawsuit seeking to end Open Streets

By Ben Brachfeld

Photo By Christina Santucci/Queens Post

A dozen New Yorkers with disabilities have filed a federal lawsuit against the city, claiming that its Open Streets program violates the Americans With Disabilities Act, with the hope of scuttling the program.

The lawsuit, filed in Brooklyn Federal Court Monday, says everything about Open Streets is a ruse down to its name, deeming it “Orwellian Newspeak” and arguing it would more appropriately be called “Closed Streets.” The plaintiffs argue that by occasionally closing off some streets to car traffic, seniors and people with disabilities who can only travel by motor vehicle — particularly those living on Open Streets — are facing illegal discrimination.

“The program results in the de facto closure of New York City’s public avenues and streets to individuals with disabilities — whose only or primary access to the streets and to the buildings, businesses and services on the streets — is through the use of motor vehicles,” the 12 plaintiffs, who live in Manhattan, Brooklyn, and Queens, allege in the suit, which names the city and various organizations managing Open Street locations as defendants.

Open Streets began at the height of the COVID-19 pandemic, intended to provide open space on local streets for locked-down city residents. The program proved one of the more popular pandemic-era policies, and has returned each summer, with this year’s program set to encompass more than 300 city blocks across all five boroughs.

Volunteers with local civic groups manage the open streets, which are typically in operation for a set number of hours per day, mostly in summer months. The volunteers set up the barricades to block off car traffic, leaving the streets for the exclusive use of pedestrians and cyclists. 

Some Open Streets are entirely closed off to motor vehicles except for emergency services, while others allow access to locals seeking to park or drivers making deliveries. They often are the site of outdoor dining, public art displays, and community programming and performances. The city has declared it intends to redesign some popular Open Streets, like Vanderbilt Avenue in Brooklyn and 34th Avenue in Queens, to more permanently reflect a pedestrian focus, with the hope that barriers might not be needed.

Read more on AMNY.

New York City Bans Appearance-Based Discrimination

Updated May 30, 2023

New York City Mayor Eric Adams enacted an anti-discrimination law on May 26 banning discrimination based on an individual’s height or weight when it comes to employment, housing or access to public accommodations.  With the new legislation, residents of New York City will be able to bring claims of discrimination related to their physical appearance before the New York City Commission on Human Rights, a local agency responsible for examining cases of discrimination and harassment.

The bill, sponsored by Manhattan Democratic Councilman Shaun Abreu, will be effective on Nov. 22, 2023. Prior to that date, employers must review their official policies to ensure that they do not include discriminatory practices against height and weight The law includes an exemption for positions where a certain height and weight are required to complete the functions of the job, as stated in federal, state or local law, or if permitted by the NYC Commission on Human Rights.

New York State legislators are aiming to pass a similar bill on the state level, which would prohibit weight and height discrimination across the state. Other states, including Massachusetts, Vermont, and New Jersey, are considering similar legislation in their respective states.

Michigan is currently the only state that bans height and weight discrimination, and only three US cities already have an ordinance in place to ban appearance-based discrimination – San Francisco, California; Madison, Wisconsin; and Urbana, Illinois.

Mayor Eric Adams said the passage of this bill is a significant step towards eliminating appearance-based discrimination in New York City.

“It shouldn’t matter how tall you are or how much you weigh when you’re looking for a job, are out on the town, or trying to rent an apartment,” he said. “This law will help level the playing field for all New Yorkers, create more inclusive workplaces and living environments, and protect against discrimination.”